Examining Victims’ Rights in China From the Perspective of the United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power

This article presents an evaluation of China’s alignment with the 1985 United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power, a seminal document in the advancement of victims’ rights globally. Through a multidimensional approach encompassing legal research, semi-structured interviews with criminal justice officials and other stakeholders, and a large-scale survey of Beijing residents on their experiences with crime and the police, this study assesses the development and current state of victims’ rights in China against the Declaration’s benchmarks. Our analysis reveals that since the adoption of the new Criminal Procedure Law in 1996, China has made considerable progress in codifying victims’ rights. However, challenges persist, particularly in ensuring compassionate treatment, adequate state compensation, and adequate social support for victims. Although legal frameworks and practices show a convergence towards UN standards, particularly in facilitating victim participation and improving information dissemination, the effectiveness of communication and actual enforcement of participatory rights in trials need enhancement. Furthermore, while specialized considerations for vulnerable groups exist, general satisfaction with police performance is low, indicating deficiencies in victim reception and protection measures. The provision of legal assistance to victims has seen improvements, but the overall availability of state compensation and specialized support services remains insufficient. Our findings highlight the ongoing nature of efforts required to fully realize the Declaration's objectives in China, pointing towards areas in urgent need of attention to ensure justice for crime victims.